59Date of vacancy in office of commissionerE+W
(1)For the purposes of this Chapter, a vacancy in the office of police and crime commissioner for a police area is to be regarded as occurring—
(a)in the case of a vacancy in consequence of the failure of, or other irregularity in relation to, an election, at the time specified in an order under section 58;
(b)in the case of resignation, on receipt of the notice of resignation by the appropriate officer;
(c)in the case of death, on the date of death;
(d)in any case within subsection (2), on the date on which the office of police and crime commissioner for the police area is declared to have been vacated by the High Court or by the appropriate officer, as the case may be.
[F1(e)in the case of disqualification by virtue of an order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc), on the date the office is vacated in accordance with section 31 of that Act (vacation of office etc).]
(2)The cases referred to in subsection (1)(d) are—
(a)where the person elected as police and crime commissioner fails to make and deliver a declaration of acceptance of office in accordance with section 70;
(b)where a vacancy arises under section 63 (incapacity of commissioner: acting commissioner acting for 6 months);
(c)where a person becomes disqualified—
(i)from being a police and crime commissioner, or
(ii)from being the police and crime commissioner for the police area.
[F2(2A)In a case where subsection (1)(e) and (d) (in the case of a disqualification by virtue of section 66(3)(c)) apply in relation to a vacancy, the vacancy is to be regarded as occurring on the date mentioned in subsection (1)(e).]
(3)The appropriate officer must give public notice of a vacancy in the office of police and crime commissioner for a police area.
(4)The appropriate officer must give notice of a vacancy in the office of police and crime commissioner for a police area to the police area returning officer.
(5)Any notice under subsection (3) or (4) must be given as soon as practicable after the date on which the vacancy is to be regarded under this section as occurring.
Textual Amendments
F1S. 59(1)(e) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 9(2)(a); S.I. 2023/1145, reg. 3(k)
F2S. 59(2A) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 9(2)(b); S.I. 2023/1145, reg. 3(k)
Modifications etc. (not altering text)
C1Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)
Commencement Information
I1S. 59 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)